DAVIS v. STATE

No. 72-154.

264 So.2d 31 (1972)

Robert Lee DAVIS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 27, 1972.


Attorney(s) appearing for the Case

Phillip A. Hubbart, Public Defender, and Lewis S. Kimler, Asst. Public Defender, and David Halpern, Legal Intern, for appellant.

Robert L. Shevin, Atty. Gen., and William L. Rogers, Legal Intern, for appellee.

Before BARKDULL, C.J., and PEARSON and HAVERFIELD, JJ.


PER CURIAM.

Defendant, Robert Lee Davis, seeks reversal of his conviction of manslaughter and sentence of fifteen years. The principal point on appeal is the competency of defendant's seven year old daughter, Esther, to testify for the state at trial.

Esther, the daughter of both the defendant and the victim, was six years old on the date of the fatal shooting. At trial,1 following an examination by the judge as to her competency...

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